DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 .
TUR
Docket No: 10351-08
1 October 2009
This ig in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
‘A three-member panel of the Board for Correction of Naval .
Records, sitting in executive session, considered your. ~
application on 29 September 2009. The names and votes of the >
members of the panel will be furnished upon request. Your
allegations of error and injustice were reviewed in accordance
with administrative regulations and procedures applicable to the
proceedings of this Board. Documentary material considered by
the Board consisted of your application, together with all
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You reenlisted in the Navy on 19 May 1987 and continued to serve
for nearly three years without disciplinary incident. However,
on 16 April 1990, you received nonjudicial punishment (NJP) for
assault and spousal abuse and were awarded a reduction to
paygrade E-4 that was suspended for six months. Shortly
thereafter, on 7 May 1990, you were convicted by civil
authorities of battery as evidenced by your repeatedly striking
your spouse with your fist. You were sentenced to confinement
for two days, court costs, and an unsupervised probation period.
On 28 September 1990, the 16 April 1990 suspended paygrade
reduction was vacated due to your continued misconduct. . At that —
time you also received NIP for disrespect, drunk and disorderly
conduct, and communicating a threat.
Your record contains a drug and alcohol report dated 12 October
1990 which details, in part, your alcohol related misconduct. It
states that you had an alcohol related incident on base in the
first class mess and while on restriction. It further states
that you participated in three previous Level III rehabilitation
programs, and were being administratively separated due to
alcohol rehabilitation failure. On 16 October 1990 you received
your third NJP for two specifications of breaking restriction and
unlawful alcohol consumption while on restriction.
On 18 October 1990 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense. At- that time. you waived your right to consult .
with legal counsel and to present your case to an administrative
discharge board (ADB). On 21 October 1990 your commanding
efficer. recommended discharge under other than honorable.
conditions by. reason of misconduct: due to commission. of a. serious...
offense. On 30 October 1990 the discharge authority approved
this recommendation and directed your commanding officer to issue
an other than honorable discharge by reason of misconduct. On 9
November 1990 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior period of honorable service and desire to upgrade. your
discharge so that you may obtain veterans’ benefits. It also
considered your assertions of marital and health problems and
that stress from these problems led to your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge >
because of the seriousness of your misconduct which resulted in
three NUJPs and conviction by civil authorities. Finally, you.
were given an opportunity to defend yourself, but waived your
procedural right to present your case to an ADB. Accordingly,
your application has been denied.
The Board believes that under current regulations you may be.
eligible for veterans’ benefits which accrued during your prior:
‘periods of service. Whether or not you are eligible. for benefits
is a matter under the cognizance of the Department of Veterans
Affairs (DVA).,.and you should contact.the nearest office of the
DVA concerning your right to apply for. benefits.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
We DEAN “P
Executive Dira&cho
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